Civil Law queries [Resolved] [1506]

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javeed 16 July 2012 at 12:31

suit under order 37 rule 3 of cpc

how to defend the procedings under order 37 rule 3 in support of summons for judgment in form no. A, appx. B of cpc.

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gaurav 16 July 2012 at 11:47

Suit for eviction & possession

Hi,
I have acquired title in the leasehold proprty of L&do from my mother by virtue of gift deed duly registered in sub registrear office. my mother acquired the right in the lease hold property by relquinshment deed executed by me , my youngerbrother.i have one elder brother as well who has not relinquished his right in favour of mother. on the basis of relquinshment deed document mutation of the property has been caried out in name of my mother & elder brother in l&do records.thereafter on the basis of above mentioned gift deed mutation has been carried out in my name & property now stans on my name & my elder brother name.possesion of property is enjoyed by me & my younger brother who has already relinquished his share in favor of his mother long time back.but he was in possession only with the consent of the mother & me.my mother has expired and now i dont share healthy relation with my younger brother. i have issued him a legal notice stated termination of licencee as he was enjoying the property as a licensee only. now please advise how much court fees is required to file a suit for possession & eviction as we are claiming partial possession from him. please advised accordingly.

Thanks in advance!!!

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deepak 16 July 2012 at 11:12

Execution of decree

"SUIT PREMISES IS SHOP". MY Judgement date 20/2/2010."Suit stand decree with cost ,defendant are hereby restrained by order of injunction from working & conducting saloon business in the suit shop".Issues & Finding,1)DO PLAINTIFFS PROVE THEIR RIGHT,TITLE &INTEREST OVER SUIT PROPERTY? Ans:YES. 2)DO PLAINTIFFS PROVE THAT DEFENDANTS ARE IN PERMISSIVE POSSESSION OF SUIT PROPERTY? Ans:YES.3)DO DEFENDANTS PROVE THAT THEY ARE POSSESSING SUIT PROPERTY IN THEIR INDEPENDENT CAPACITY AS TENANT? Ans:NO. 4)DO PLAINTIFFS PROVE THAT THEY OWN THE ENTIRE MATERIAL OF THE SUIT SHOP? Ans: NO.5)WHETHER PLAINTIFFS ARE ENTITLED FOR THE RELIEFS CLAIMED? Ans: YES.6) WHAT ORDER &COST?Ans:AS PER FINAL ORDER.I have prove as a manager or employee First appeal in highcourt is CONDITION stay TO PAY arrears XYZ within eight weeks.(ie)30,April 2012.stay will be continue to pay royalty every mouth.Apellant has not paid the arrears XYZ.amount.Still today,, CIVIL COURT I HAVE FILE EXECUTION OF A DECREE UNDER C.P.C .32(A).there I get the order,1)THE EXECUTION APPLICATION IS ALLOWED. 2)ISSUE WARRANT OF ATTACHMENT U/O.21 RULE 32 OF THE CODE OF CIVIL PROCEDURE IN RESPECT OF MOVABLE PROPERTY OF THE DEFENDANT NO.2 AND THE RESPONDENTS LYING IN THE SUIT PREMISES SHOP.Q)1 I HAVE file the suit manager not showing business and want to remove from job. AND I GET JUDGMENT STOP WORKING,and conducting saloon business in suit premises;my lawyer made execution application for 32(1).i get the order,1)the execution is allowed.2)issue warrant of attachment u/0.21 rule 32 of the code of civil procedure in respect of moveable property of the defendant .& respondents lying in the suit premises. I WANT TO ASK HOW CAN I REMOVE FROM THE SUIT WHEN THIS ORDER IS GIVEN, WHAT NEXT STEP TO TAKE SO THAT I CAN REMOVED FROM THE SUIT?

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YOGESH BHATIA 16 July 2012 at 09:08

Writ petition in high court

sir
i m facing various financial problems as i have taken cc limit of 2cr from a nationalized bank(o/s as on 23-5-12 as per letter from bank is 2.42cr) and unsecured loans from various pvt sector banks and nbfcs amounting to 1.1cr and have been unable to repay anything since sept11. some banks have initiated proceedings u/s 138 and the bank from which cc limit has been availed has declared the account as npa on 31-3-12.
is it feasible to file a writ petition in the HIGH COURT to protect civil rights of my family since i am finding it difficult to even make both ends meet for the entire family. will any such petition be entertained and if so under which section will it be admissible in the court of law.
yogesh bhatia

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jp 16 July 2012 at 02:33

Personal loan

Hi,

I had taken a loan from ICICI bank ant it was a pre approved loan which they had given me against my credit card it was an amount of 3,00,000.00(3 lakhs) they created two separate accounts and they divided my EMI amounts in two parts i was a good payer since the maturity of the loan was after 4years at the end of 19th month i lost my job and from then on wards i could not pay the remaining amount so i went to the bank asking for a settlement and informed them my situation so after a long conversation and gain there for weeks the branch manager agreed as i told him i wanna settle it for 50,000.00(50thousand) however he refused from giving me any letter he said pay it first and then i will issue a letter i didn't do it as i was scared of loosing the amount and finally he requested me to come some other day and take the letter and then pay it then i did as he said after a few days i went there with the money i had arranged he said the loan is sold to a 3rd party agency, so i never paid it now the agency people after 2years are coming at my place and troubling my family members,and threatening them with court/police talks so please advice me how can i settle my situation has not changed that much my boyfriend is willing to give me 60,000.00 (60thousand) to settle this.please advice how can i get rid of this.

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Prasad 15 July 2012 at 23:46

Kindly need sugesstion : reg persoanl loan

Hello
I had taken personal loan from Barclay Finance 3years before and is remaining for 1year.
In beginning due to some technical reason my EMI was not getting cleared from my account, so was paying by cash to collection agencies and habit continued as I was not able to maintain cash each time.
Meantime I had good relation with collection agent, sometimes they would take money from me AND USE IT FOR PERSONAL use and adjust money next month and some times I was not able to pay.
This has led me short of 6 emi.

But I am paying EMI without fail,

MY PROBLEM:
Now bank is forcing me to closed the loan either taking settlement or paying full amount.
settlement amount will be 1Lakhs with 2-3emi.

The person calling me is saying if I dont settle my account, he is threatening for legal action and also said other department would start calling my parents and wife (I don't know hw they got contacts) and harass them.

I can pay EMI amount(which is around 10k) but cant afford to closed Loan amount, my condition is v bad now coz i have recently closed my business due to loss and searching for job. due to this pressure I am not able to concentrate on my interviews pls help.

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Ramkrishna 15 July 2012 at 22:34

Unnecessary delay by issuing stay

IN A CASE RELATING TO ENCRAOCHNG THE SET BACKK AREA OF AN APARTMENT WHERE MR.X'S TITLE DEED DOES NOT SHOW THAT HE HAS RIGHT TO THE PROPERTY AND WHEN SOME OWNERS OBJECTED TO IT AND APPEALED IN THE HIGH COURT, MR.X GOES TO THE CIVIL COURT AND OBTAINS A STAY(WICH WAS LATTER VACATED) THEN MR.X APPROAHES ADDL. CHIEF JUDGE AND AGAIN OBTAINS A STAY (WHICH WAS ALSO VACATED AFTER A YEAR).
THEN HE FILED A CRP IN THE HIGH COURT AGAINST THE JUDGENTS OF TTHE CITY CIVIL COURTS AND OBTAINS STAY. WHICH IS PENDING FOR MORE TTHAN A YEAR.
THE OFFENDER IS ENJOYING THE PROPERTY TO WHICH HE HAS NO TITLE.
CANNOT THE JUDGES WHO ISSUE SUCH STAYS GO THRU THE MATTERIAL GIVEN BY THE RESPONDDENT AN GIVE IMMEDIATE JUDGMENT RATHER THAN PROLONGING TTHE ISSUE YEAR TOGETHER AND WASTING THE VALUABLE TIME OF THE COURTS AND ALSO MAKING THE ORIGINAL PETITIONERS TO SUFFER BY PAYING TO THEIR LAWYERS HEFTY AMOUNTS FOR EACH AND SUNDRY CASES FILED.
THE MAXIM JUSTICE DELAYED IS JUSTICE DENIED IS WELL APPLIED IN THIS CASE WHERE THE PERSON WHO HAS WRONGED IS ENJOYING HIS ILL GOTTEN WEALTH.
AS FAR AS I KNOW WHEN AN APARTMENTT IS REGISTERED TO A PERSON HIS BOUNDARIES ARE FIXED AND HE HAS ACCESS ONLY TO THE COMMON AREA, BEYOND THAT IF HE ENCROACHES HE IS ILLEGALLY ENTERING INTO THE PROPRTY WHICH IS NOT COVERED IN HIS REGISTRAION DEED.
HOW CAN THE JUDGES GIVE STAY FOR DEMOLISHING BY THE CORPORATION FOR YEARS TOGETHER WITHOUT LOOKING INTO THE BASICS OF THE CASE.

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